Adoption Act 2010

Consultation with father.

30.— (1) In this section, “father”, in relation to a child, includes a person who believes himself to be the father of the child.

(2) This section applies in respect of the adoption of a child by a person who is not the father of the child.

(3) Subject to this section, on the receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that the father of the child is consulted in relation to the adoption.

(4) Where the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the father and mother, or

(b) the circumstances of the conception of the child,

it would be inappropriate for the Authority to consult the father in respect of the adoption of the child, the Authority, after first obtaining the approval of the High Court, may make the adoption order without consulting the father.

(5) If the identity of the father of a child is unknown to the Authority and the mother refuses or is unable to reveal the father’s identity, the Authority shall counsel the mother, indicating to her—

(a) that the adoption may be delayed,

(b) the possibility of the father contesting the adoption at some later date,

(c) that the absence of information about the medical, genetic and social background of the father may be detrimental to the health, development or welfare of the child, and

(d) such other matters as the Authority considers appropriate in the circumstances.

(6) After counselling the mother under subsection (5), the Authority, after first obtaining the approval of the High Court, may make the adoption order without consulting the father if—

(a) the mother either continues to refuse to reveal the father’s identity or provides the Authority with a statutory declaration that she is unable to identify the father, and

(b) the Authority has no other practical means of ascertaining the father’s identity.

(7) The Health Service Executive or an accredited body, at the Authority’s request, shall assist in carrying out the Authority’s functions under this section.